Need advice please : Neighbor claiming Renter's Dog bit them.

Orlando, Florida
General Landlording & Rental Properties
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Need advice please : Neighbor claiming Renter's Dog bit them.

Mike Arya
Member since 2022 · 2 posts · 0 votes

I'm a landlord for a Davenport property, and I've been served a complaint for an injury claim by a neighbor who claims that a dog owned by my property's renter bit and injured her back in April 2022.  
The defendant's name in the claim, who had the dogs during the incident is not even on the lease agreement.
I've been included in the claim as the landlord to have negligently fail to have proper rules and regulations regarding dogs on the property.
I hadn't heard anything about this April incident in 6 months until I received this complaint last week in November. Pets were included in the lease as an addendum and were noted to belong to the person who signed the lease. 
I'm looking for some advice / suggestions here from our very capable forum members who might have come across something like this. Someone appears to be in here to extract whatever they can from this incident :(  

Many thanks!

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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
3y

Pretty simple defense, the person isnt your tenant and you have no idea who they are.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    3y

    Simple solution - contact your insurance company and let them handle everything.

    3Reply
  • Matt Devincenzo
    Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    If they've already started the legal process then call your insurance and stop any communication with anyone else. Whether you might be liable or not is something the atty working for the insurance company will consider, and then decide how to proceed.

    0Reply
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    3y
    Quote from @Greg Scott:

    Simple solution - contact your insurance company and let them handle everything.


     I agree that this would be the easy button for you.

    Look at your lease and see if you did have rules that just weren't followed.

    Did the dog go into the neighbors yard and bite them?

    Was the dog allowed to roam free or did it get out?

    What proof do the neighbors have as to whose dog bit them?

    I would consult an attorney to see what advice they give you in case you need them?

    Would it be your fault if the tenants ran into the neighbors car with theirs? There are rules that they shouldn't do that but how would you be at fault?

    1Reply
  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    3y
    Quote from @John Underwood:
    Quote from @Greg Scott:

    Simple solution - contact your insurance company and let them handle everything.


     I agree that this would be the easy button for you.

    Look at your lease and see if you did have rules that just weren't followed.

    Did the dog go into the neighbors yard and bite them?

    Was the dog allowed to roam free or did it get out?

    What proof do the neighbors have as to whose dog bit them?

    I would consult an attorney to see what advice they give you in case you need them?

    Would it be your fault if the tenants ran into the neighbors car with theirs? There are rules that they shouldn't do that but how would you be at fault?

     Agree with your recommendations.  I've seen newbie investors decide to get into a fight with the litigants, which is a bad idea.  If they can't be calm, best to let the professionals handle.

    0Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    3y

    Pretty simple defense, the person isnt your tenant and you have no idea who they are.

    [email protected]301-893-4635Podcast Guest on Show #192
    District Invest Group546 Reviews
    WebsiteView Page
    4Reply
  • Eliott Elias
    Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    3y

    Get a attorney on this immediately 

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Mike Arya:

    Report it to your insurance provider. They will give you advice and their attorneys should handle it. Don't waste a single minute responding to the complainant or racking your brain to determine whether you may be liable. Let insurance handle it and go about your merry business.

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  • Aaron Porter
    Insurance Agent · all 50 states · Member since 2022 · 184 posts · 122 votes
    3y

    Everyone here is pretty spot on!  contact your insurance provider and get the process started.  The insurance company has attorneys and they will fight for you.  

    Moving forward from this incident. It may be a good idea for you to put systems in place so that these types of incidents wont happen again.  Things like amending your tenant lease. Doing regular checkups on the property including regular walk-throughs and drive-byes, etc.  Maintaining a good relationship with your tenants so that there can be good communication between you. Making sure that you require all of you tenants to get and keep renters insurance. It is cheap between $12-$35 a month and renters insurance includes liability coverage that would cover the tenant for things like this, not to mention covers you the landlord for things that the tenant is liable for like destroying your property)  

    While you shouldn't be held liable for your tenants actions we live in an extremely litigious country and in most cases you the landlord are viewed as the person with enough to lose that it is worth going after you instead of the tenant. 

    2Reply
  • Mike Arya
    OP
    Member since 2022 · 2 posts · 0 votes
    3y
    Quote from @Mike Arya:

    I'm a landlord for a Devonport property, and I've been served a complaint for an injury claim by a neighbor who claims that a dog owned by my property's renter bit and injured her back in April 2022.  
    The defendant's name in the claim, who had the dogs during the incident is not even on the lease agreement.
    I've been included in the claim as the landlord to have negligently fail to have proper rules and regulations regarding dogs on the property.
    I hadn't heard anything about this April incident in 6 months until I received this complaint last week in November. Pets were included in the lease as an addendum and were noted to belong to the person who signed the lease. 
    I'm looking for some advice / suggestions here from our very capable forum members who might have come across something like this. Someone appears to be in here to extract whatever they can from this incident :(  

    Many thanks!

    Thanks for the excellent suggestions and advice from the forum members.  
    I am told that one has to ensure that home insurance specifically include pet liability in the coverage. Sometimes they don't. 

    0Reply
  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    3y

    First read the policy. If animals are covered call agent and email him the document.

    Interview tenant on a recorded line. Whose dog, breed, day and time it happened, witnesses. Don't say sorry ~ don't blame them. Keep this call to four minutes, short, not emotional.

    If a visiting dog bit someone outside of property line you may need proof, which six months later is going to be difficult.

    Did the person go to the hospital? 

    Can you get the phone, email for defendant from tenant? do some google searching on their name. also search how many lawsuits filed by plaintiff

    0Reply
  • Mark S.
    Real Estate Investor · Saint Paul, MN · Member since 2017 · 543 posts · 474 votes
    3y

    @Caroline Gerardo I disagree. As others have noted, this is a matter for your insurance company. It’s not a good idea to get in the middle of something that attorneys for the company will handle. And if for some reason insurance doesn’t cover it, an attorney will handle for you.

    0Reply
  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    3y

    @Mark S. he thinks his policy doesn't cover animals. 1. Read the policy. I stated if not covered then he needs the facts to give to a liability attorney, which he has to pay for if insurance says no coverage. He can't tell insurance when and what happened, he says he doesn't know.

     Feels false that whoever was bitten waits half a year to serve him. 

    HOWEVER People can sue even if they have no case. 

    Animal control or police should have been called if is serious. He can order the report if he learns the date. If he is not covered he needs the facts to tell an attorney exactly who what where when what type dog all the details, as he says he is blind to what happened. Calling an attorney and giving attorney $5000 to start, the para-legals will spend the $5000 getting the basics before he sends them to court. Attorneys cost $300 -425 an hour that is one phone call.

    0Reply
  • Joe S.Pro Member
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    3y

    That’s a RUFF predicament. 

    0Reply
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